On Monday, February 26, 2024, Kimberly Edelstein filed an Emergency Writ of Mandamus against Judge Anne B. Flottman of the Hamilton County Court of Common Pleas’ Domestic Relations Division.

In the filing, Edelstein claims that Judge Flottman issued two divorce decrees when she did not have proper jurisdiction to do so. Judge Flottman granted Edelstein’s ex-husband sole custody of their child in a December 2023 ruling. Edelstein appealed this decision in early January. While this appeal was pending, Judge Flottman issued a Final Decree of Divorce on January 9th addressing custody and property distribution. Edelstein argues this decree should be vacated as the judge did not have authority during the appeal.

Furthermore, Edelstein filed an affidavit of disqualification against Judge Flottman on January 26th. This meant the judge could only issue temporary orders, not a final decree. However, Judge Flottman issued another Final Decree of Divorce on January 31st. In her response to the affidavit, Judge Flottman acknowledged she did not have jurisdiction during the pending appeals.

Edelstein is requesting the Ohio Supreme Court to mandate Judge Flottman vacate both divorce decrees and correct the records. She claims the rulings have harmed her and her son by granting excessive payments to the ex-husband. Edelstein believes Judge Flottman has failed to vacate the first decree in order to continue collecting child support from her.

The case filing provides extensive timeline details of the divorce proceedings and appeals process. It remains to be seen how the Supreme Court will rule on Edelstein’s emergency mandamus request. If granted, the correcting of records could promote further judicial efficiency going forward in this complex family court dispute.

Judge Flottman is a judge in the Hamilton County Court of Common Pleas Domestic Relations Division in Ohio. A member of the Democratic Party, she took office on January 5, 2023, after winning the general election on November 8, 2022. Her term will end on January 4, 2029.

A copy of the original filing can be found here.